Ölüm Hökmü
Rəşad Qasımlı (İstanbul Universiteti Hüquq Fakültəsi)
Məclisimizin “Hüquq siyasəti və dövlət quruculuğu” komitəsinin iclasında millətvəkilimiz İlyas İsmayılov ölüm hökmünün bərpası təklifi ilə çıxış etdi.
Deputatın sözlərinə görə, ölüm hökmünün ləğv edilməsi Avropa Şurasının tələbi olsa da, bu cəza ləğv edilərkən zərərçəkənlərin hüquqlarının qorunması da nəzərə alınmalı idi: “Mən bunu dəfələrlə söyləmişəm və kitabımda da yazmışam. Mən şəxsən ölüm cəzasının ləğvinə tərəfdar deyiləm. Şəxsiyyətin əleyhinə törədilmiş cinayətlərdə bu saxlanılmalıdır.
Türkiyədə son illərə qədər ölüm hökmü vardı. Amma baxaq harada; Müharibə dönəmlərində meydana gələ biləcək dövlət sirlərinin açığa çıxarılması, orduda dövlətə qarşı qiyam,(Hərbi Cəza Qanunu) və ya Fövqəladə hal elan olunduğu zamanlarda yaşama haqqına son verilə biləcək dərəcədə qanun pozuntuları olduğu zaman.
Edam hökmünün tarixi və sosial kontekstdən baxdığımız zaman bəzilərinin iddia etdiyi kimi heç də çəkindirici bir təsiri olmadığı gün kimi aydındır.
Əksinə edam cəzasının yenidən qəbul olunmasını müasirlikdən uzaq, bərabərsizlik yaratmağı, qeyri-insani tətbiqi, yaratdığı dəhşət hissi kimi səbəblərə görə də müdafiə edilməsi mümkün deyil.
Diktator dövlətləri bir tərəfə qoysaq, müasir, demokratik dövlətlərdə cəza vermə haqqı, yaşama haqqına son verəbiləcək bir iqtidara sahib deyil.
Dövlət xalqdan aldığı hüquqları istifadə edir. (məs; referendum və başqa yollarla xalqın təsdiqinin olmasının zəruriliyi kimi). Ancaq xalq, fərdlər həyatına son qoyma, öldürmə ixtiyarını heç kəsə hələ dövlətə heç bir zaman müsadirə edə, icazə verə bilməz.
Cəza tərbiyə etmək, səhvini anlamaq üçün verilir. Ölüm cəzası həyatındakı səhvləri cəzadan sonra düzəltmə şansı vermir, ağır və dəhşətli bir cəzadır. Geriyə yol və peşmançılıq kimi bir xüsusiyyət tanımır. Vəhşi və primitiv bir intiqam hissi yaradır. Günümüzdə cəza siyasətində “intiqam alma” kimi bir anlayış olmamalıdır.
Müasir dövlətlərin cəza hüquqlarında cinayətkarın cəmiyyətə qaytarılması əsas hədəfdir. Heç bir zaman bu cəzasının çəkindirici xüsusiyyəti təsdiq olunmayıb. Ağır cinayətlər törədənlərin 90 faizi ölüm cəzasını heç düşünmədən törədirlər.
Misal; 19-cu əsrdə İngiltərədə oğurluğun, cibgirliyin ölüm cəzasına tabe olduğu dönəmdə, cibgirlərin çoxu digər “kolleqa”larının dar ağacına çıxarıldığı vaxt camaat arasında işlərini görürdülər.
Heydər Əliyevin təşəbbüsü ilə aradan qaldırılan ölüm hökmünün ləğvinə İ.İsmayılov etiraz edir. Etiraz üçün kitab yazmağa da ərinməyin hörmətli millət vəkilimiz. Həm də fövqəladə hallarda, müharibə zamanında filan yox harada, birbaşa şəxsiyyətə qarşı törədilmiş cinayətlərdə…
İllərdir özəndiyimiz, standartlarına qucaq açdığımız Avropanın bu konvensiyası sən demə adil deyilmiş. Səbəb; bu cəza ləğv edilərkən zərərçəkənlərin hüquqlarının qorunması da nəzərə alınmırmış. Mən nə qədər fikirləşdimsə də, bu cümləni tam anlaya bilmədim.
Zərərçəkən məhkəməyə müraciət edib, məhkəmə də təqsirlini azadlıqdan məhrum edib, nəticədə zərərçəkənin əzilmiş hüququ məhkəmədə bərpa olunur və hətta təzminat(kompensasiya) istəmə haqqı da verilib.
Konstitusiyamıza görə birinci haqq olan yaşama haqqına son verilməsi üçün nə qədər zalım olursa olsun; ona edam cəzası yetərincə adil deyil məncə. Düşünün, dövlətə, millətə, büdcəyə, özəl sektora özünə görə müəyyən xeyri dəyən bir vətəndaşın, vətəndaş kimi törətdiyi cinayət nə qədər ağır da olsa, onlarca haqqından birinci gələninə son qoymaq düzgün deyil.
Ölüm hökmünün tətbiqi.
Qaz otağı
Bu cəza metodu ilk dəfə 1920-ci ildə istifadə olunub. Ölümdə 1-ci Dünya Müharibəsində işlədilən zəhərli qazdan və intihar üçün alınan qazlardan istifadə olunur. Bu metodda cinayətkar hava keçirməyən bir otaqdakı yatağa uzadılır. Siqnal səsindən sonra boru açılır, otağın içinə hidroxlor turşulu qaz verilir.
Ikinci siqnaldan sonra verilən kaliumsionid və natriumsionid kristalları avtomatik olarak hidroxlorla reaksiyaya girirərək hidrosionid turşusu əmələ gətirir.Təqsirli dərin nəfəs alsa, bu sionid bir-iki saniyədə bütün bədənin hemoqlobin hazırlama qabiliyyətini aradan qaldırır və şüurunu itirməsinə(huşsuzluq) səbəb olur.
Hökmlü nəfəsini saxlasa ölüm çox gec baş verir və bu da, cinayətkarın dəhşətli əzab çəkməsi, dəhşətlə qıvrılmasına səbəb olur. Meyidin otaqdan çıxarılması zamanı onun kimi əzabla ölməmək üçün filtrli əleyhqazl geymək lazımdır…
Asmaq
Edam hal-hazırda istifadə olunan ən köhnə ölüm metodlarından biridir. Elektrikli stul çox əzab verən bir metod olan asmağa alternativ kimi gətirilmişdi. Cəllad ipi şəxsin boyuna, çəkisinə görə tənzimləyir.
Edam cəzası insanlığın özünə qarşı bir cinayətdir. Səbəbi hər nə olursa olsun, cəmiyyətdə dərin zərərverici təsirləri görülməktədir. “Səhvləri düzəltməyin yolu səhv etmək deyil, səhvləri öz doğrularınla silməkdir”
Rəşad Qasımlı (İstanbul Universiteti Hüquq Fakültəsi)
Hər yayımda təqdim olunan mövzu başlıqlarında müəllifi olduğunuz və ya tərcümə etdiyiniz məqalələri bizim veb-səhifəmizdə yayımlıya bilərsiniz.
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